Distribution to Settlement Class Members. (a) The money remaining from the Settlement Amount, including any accrued interest thereon, after the payment of approved Attorneys’ Fees and Expenses, Administration Costs, and Taxes and Tax-Related Costs (or any estimate of those amounts to be incurred in the future), shall constitute the funds available for distribution to Settlement Class Members (the “Distributable Settlement Amount”). (b) The Distributable Settlement Amount shall be divided among Settlement Class Members in accordance with the Plan of Allocation (attached hereto as Exhibit C) or such other allocation plan as may be ordered by the Court. It is understood and agreed by the Parties that the proposed Plan of Allocation is not part of this Agreement and is to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement, and any order or proceeding relating to the Plan of Allocation shall not operate to terminate or cancel this Agreement or affect the finality of the Court’s Final Approval Order and Judgment approving the Settlement or any other Orders entered pursuant to the Agreement. Notwithstanding the foregoing, or anything else in this Agreement, any revisions to the Plan of Allocation that would require the L3Harris Releasees to pay more than the Settlement Amount or incur additional expenses or costs or to provide data not already readily available shall be deemed a material alteration of this Agreement and entitle Defendants, at their election, to terminate the Agreement. (c) The Settlement Administrator shall disburse the Distributable Settlement Amount as promptly as reasonably possible after the Effective Date, and, in any event, shall use reasonable best efforts to disburse the Distributable Settlement Amount no later than two hundred-seventy (270) days after the Effective Date. (d) No Former Participant whose entitlement to payment pursuant to the Plan of Allocation would otherwise be less than five dollars ($5.00) shall receive any payment from the Distributable Settlement Amount. (e) Settlement Class Members who are paid by check must cash those checks within ninety (90) days of issuance. If they do not do so, the checks will be void. This limitation shall be printed on the face of each check. The voidance of checks shall have no effect on the Settlement Class Members’ release of claims, obligations, representations, or warranties as provided herein, which shall remain in full effect.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Distribution to Settlement Class Members. (a) The money remaining from the Settlement Amount, including any accrued interest thereon, after (i) the removal of amounts for those parties who opted out of the Settlement, (ii) payment of any approved Attorneys’ Fees and ExpensesFees, Administration approved Reimbursable Costs, and (iii) payment of Notice Costs, Taxes and Tax-Related Costs (or any estimate of those Costs, and amounts due to be incurred in the future)Settlement Administrator for its services administering the Settlement, shall constitute the funds be available for distribution to Settlement Class Members (the “Distributable Settlement Amount”).
(b) To the extent any amounts are deducted from the Settlement Amount due to Opt-Outs, Xxxxxxx retains the amount removed from the Settlement Amount.
(c) The Distributable Settlement Amount shall be divided among Settlement Class Members in accordance with the Plan of Allocation (attached hereto as Exhibit C) or such other allocation plan as may be ordered by the Court. It is understood and agreed by the Parties that the proposed Plan of Allocation is not part of this Agreement and is to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement, and any order or proceeding relating to the Plan of Allocation shall not operate to terminate or cancel this Agreement or affect the finality of the Court’s Final Approval Order and Judgment approving the Settlement or any other Orders entered pursuant to the Agreement. Notwithstanding the foregoing, or anything else set forth in this Agreement, any revisions to the Plan of Allocation that would require the L3Harris Releasees to pay more than the Settlement Amount or incur additional expenses or costs or to provide data not already readily available shall be deemed a material alteration of this Agreement and entitle Defendants, at their election, to terminate the AgreementSection IX below.
(cd) The Settlement Administrator shall disburse the Distributable Settlement Amount as promptly as reasonably possible after the Effective Date, Date and, in any event, shall use reasonable best efforts to disburse the Distributable Settlement Amount no later than two hundred-seventy (270) 270 days after the Effective Date.
(de) No Former Participant whose entitlement to payment pursuant The Settlement Administrator shall make all Settlement Payments by check made payable to the Plan of Allocation would otherwise be less than five dollars ($5.00) shall receive any payment from Settlement Class Member according to the Distributable addresses/accounts provided by the Settlement AmountClass Members in the Claims Process as detailed in Section 9.2.
(ef) Settlement Class Members who are paid by check must cash those or otherwise negotiate and present Settlement Payment checks within ninety (90) days of issuance. If they do not do so, the checks will be void. This limitation shall be printed on the face of each check. For any checks that are mailed but become void after the first issuance, the Settlement Administrator shall reissue and undertake a second mailing of such checks. Settlement Class Members must cash or otherwise negotiate and present such reissued checks within ninety (90) days of reissuance or those reissued checks will be void. The voidance of checks shall have no effect on the Settlement Class Members’ release of claims, obligations, representations, or warranties as provided herein, which shall remain in full effect.
Appears in 1 contract
Samples: Settlement Agreement
Distribution to Settlement Class Members. (a) The money remaining from the Settlement Amount, including any accrued interest thereon, after the After payment of approved Class Counsel’s Attorneys’ Fees and ExpensesExpenses approved by the Court, Administration Costs (including an estimated provision for the costs of the distribution to Settlement Class Members and other post-distribution related Administration Costs, as proposed by the Settlement Administrator and approved by Class Counsel and Defendants’ Counsel as reasonable), Independent Fiduciary Fees and Costs, Case Contribution Awards, and Taxes and Tax-Related Costs (or any estimate of those amounts to be incurred Costs, the money remaining in the future)Settlement Fund, shall constitute the funds available for distribution to Settlement Class Members including any interest thereon (the “Distributable Settlement Amount”)) will be distributed to Settlement Class Members.
(b) The Distributable Settlement Amount shall will be divided among distributed to Settlement Class Members as described in accordance with the Plan of Allocation (attached hereto as Exhibit C) C or such other allocation plan as may be ordered by the Court. It is understood and agreed by the Parties that the proposed Plan of Allocation is not part of this Agreement and is to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement, and any order or proceeding relating to the Plan of Allocation shall not operate to terminate or cancel this Agreement or affect the finality of the Court’s Final Approval Order and Judgment approving the Settlement or any other Orders orders entered pursuant to by the Court in connection with the Agreement. Notwithstanding the foregoing, or anything else in this Agreement, any revisions to the Plan of Allocation that would require the L3Harris Releasees Company or its affiliates to pay more than the Settlement Amount or incur additional expenses or costs or to provide data not already readily available on its computer systems shall be deemed a material alteration of this Agreement and entitle Defendantsthe Company, at their its election, to terminate the Agreement.
(c) The Settlement Administrator shall disburse the Distributable Settlement Amount as promptly as reasonably possible after on the Effective Date, and, in any event, shall use reasonable best efforts to disburse the Distributable Settlement Amount no later than two hundred-seventy (270) days after the Effective Distribution Date.
(d) No Former Participants shall only receive a payment if their payment pursuant to Section 3.2(b) is equal to or exceeds a ten dollar ($10.00) minimum threshold. Any Former Participant whose entitlement to payment pursuant to the Plan of Allocation would otherwise be Section 3.2(b) is less than five ten dollars ($5.0010.00) shall not receive any payment from the Distributable Settlement Amountpayment.
(e) Settlement Class Members who are Current Participants will be paid by check electronic distribution to their Plan accounts. Former Participants will be paid by check. Former Participants must cash those checks within ninety (90) days of issuance. If they do not do so, the checks will be void, and the Settlement Administrator shall be instructed to return any such funds to the Settlement Fund. This limitation shall be printed on the face of each check. The voidance of checks shall have no effect on the Settlement Class Members’ release of claims, obligations, representations, or warranties as provided herein, which shall remain in full effect.
(f) To the extent funds remain in the Settlement Fund as a result of any uncashed checks by Former Participants, and those remaining funds exceed $5,000, the funds will be electronically distributed to Settlement Class Members who, at the time of this distribution (if any), maintain a balance in the Plans. To the extent the remainder in the Settlement Fund is less than $5,000, the remainder will be electronically deposited in equal amounts in the suspense account of each of the Plans to be used to offset Plan expenses and future contributions.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Distribution to Settlement Class Members. (a) The money remaining from the Settlement Amount, including any accrued interest thereon, after the payment of any approved Class Representative Service Awards, approved Attorneys’ Fees and Expenses, Administration Administrative Costs, and Taxes and Tax-Related Costs (or any estimate of those amounts to be incurred in the future), shall constitute the funds available for distribution to Settlement Class Members (the “Distributable Settlement Amount”).
(b) The Distributable Settlement Amount shall be divided among Settlement Class Members in accordance with the Plan of Allocation (attached hereto as Exhibit C) or such other allocation plan as may be ordered by the Court. It is understood and agreed by the Parties that the proposed Plan of Allocation is not part of this Agreement and is to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the Settlement, and any order or proceeding relating to the Plan of Allocation shall not operate to terminate or cancel this Agreement or affect the finality of the Court’s Final Approval Order and Judgment approving the Settlement or any other Orders orders entered pursuant to the Agreement. Notwithstanding the foregoing, or anything else in this Agreement, any revisions to the Plan of Allocation that would require the L3Harris X. X. Xxxxxxxxx Releasees to pay more than the Settlement Amount or incur additional expenses or costs or to provide data not already readily available shall be deemed a material alteration of this Agreement and entitle Defendants, at their election, to terminate the Agreement.
(c) The Settlement Administrator shall disburse the Distributable Settlement Amount as promptly as reasonably possible practicable after the Effective Date, and, in any event, shall use reasonable best efforts to disburse the Distributable Settlement Amount no later than two one hundred-seventy fifty (270150) days after the Effective Date.
(d) No Former Participant whose entitlement to payment pursuant to the Plan of Allocation would otherwise be less than twenty-five dollars ($5.0025) shall receive any payment from the Distributable Settlement Amount.
(e) Settlement Class Members who that are paid by check must cash those checks within ninety one-hundred twenty (90120) days of issuance. If they do not do so, the checks will be voidvoid and will not be replaced, so that such Settlement Class Members will cease to be entitled to a payment from the Distributable Settlement Amount pursuant to the Plan of Allocation. This 120-day limitation shall be printed on the face of each check. The voidance of checks shall have no effect on the Settlement Class Members’ release of claims, obligations, representations, or warranties as provided herein, which shall remain in full effect.
Appears in 1 contract
Samples: Class Action Settlement Agreement